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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 2013 Page 1 of about 39 results (0.059 seconds)

Apr 30 2013 (HC)

Commissioner of Income Tax, Kolkataxx,kolkata Vs. Dr Sarmistha Mukherj ...

Court : Kolkata

Decided on : Apr-30-2013

..... , on the facts and in the circumstances of the case, the learned income tax appellate tribunal was justified in setting aside the order of the commissioner of income tax, kolkata-xx, passed under section 263 of the income tax act, 1961; (b) whether on the facts and in the circumstances of the case, the income tax appellate tribunal erred in law in deleting the additioin of rs.49,75 ..... 1 order sheet itat no.54 of 2013 g.a.no.575 of 2013 in the high court at calcutta special jurisdiction (income tax) original side commissioner of income tax, kolkata-xx,kolkata versus dr sarmistha mukherjee before: the hon'ble justice girish chandra gupta the hon'ble justice tarun kumar das date :30. h april, 2013. ms.soma chatterjee, .....

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May 10 2013 (HC)

Commissioner of Income Tax, Kolkata Iv Vs. Indian Explosives Ltd.

Court : Kolkata

Decided on : May-10-2013

..... 37 of the income tax act and not under section 36, as contended by mr.nizumuddin. we are of the opinion that the submission made by mr.bajoria is correct. we, as such, find no justification ..... . mr.nizumuddin, learned advocate for the revenue, was unable to point out any infirmity in the order of the learned tribunal except that the provision of section 36 of the income tax act was not followed to which mr.bajoria, learned senior advocate for the appellant, rightly answered that the claim for the written off amount in this case is based under section ..... . cit(a) shows that the ld. cit(a) has taken into consideration the trilateral barter arrangement. the ld. cit(a) has also taken into consideration that the advance was in fact a trade ..... bccl from fci. this shows clearly that the amount in question represented the assessee s sale dues and had been taken into account while computing its income in the past. aggrieved by the order of the appellate authority, the revenue preferred an appeal to the income tax appellate tribunal, which was dismissed holding as follows: a perusal of the order of the ld .....

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Nov 28 2013 (HC)

Commissioner of Incoeme Tax, Kolkata I, Kolkata Vs. M/S. Neo Machine M ...

Court : Kolkata

Decided on : Nov-28-2013

..... tribunal. the facts and circumstances briefly stated are as follows : the assessing officer in exercise of power under section 40a(2) of the income tax act disallowed expenditure incurred by the company in payment of salary to three directors on the ground that the amount of salary paid to those three directors was much in excess ..... order sheet g.a.no.2588 of 2013 itat145of 2013 in the high court at calcutta special jurisdiction (income-tax) original side commissioner of incoeme tax, kolkata -i, kolkata versus m/s.neo machine mf. co.pvt.ltd.before: the hon'ble justice girish chandra gupta the hon'ble justice subrata talukdar date : 28th november, 2013. .....

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Aug 12 2013 (HC)

Vs. Shree Ratan Paul Singhre

Court : Kolkata

Decided on : Aug-12-2013

..... unexplained statement. we do not find any such infirmity in the order of the learned tribunal that calls for interference under section 260a of the income tax act, 1961. the appeal is thus not entertained. urgent certified copy of this order, if applied for, be supplied to the parties subject to ..... adv.for respondent : mr.soumitra mukherjee & mr.avra majumdar, adversus this appeal is directed against an order dated 15th february, 2013 passed by the income tax appellate tribunal b bench, kolkata, allowing the appeal of the assessee for statistical purposes setting aside the order of assessment and directing the assessing officer ..... sheet g.a.no.2038 of 2013 i.t.a.t.no.128 of 2013 in the high court at calcutta special jurisdiction [income tax].original side commissioner of income tax, kolkata, xvi versus shree ratan paul singh appellant respondent before: the hon'ble justice indira banerjee -andthe hon'ble justice anindita ..... of the fact the assessee took such stand for the firs.time therein contrary to his submission made before the assessing officer and the cit(a) and the same is obviously an after thought?. however, we are of the view that the questions are not substantial questions of ..... assessing officer. the questions of law suggested are as follows : i) whether the tribunal erred in law by reversing the order passed by the cit (a) and the assessing officer by passing an order without relying upon any new evidence whatsoever thereby passing a completely arbitrary and pervers.order?. .....

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Jan 16 2013 (HC)

M/S. Bagri Impex Private Limited Vs. Assistant Commissioner of Income ...

Court : Kolkata

Decided on : Jan-16-2013

..... duty has been assessed by the state government, because it is on the valuation made for the purpose of stamp duty that the tax is payable under the income tax act. the amendment made in the year 2009 may have made the things simpler, but the intention of the legislature was very clear from ..... true that transfer has been defined in section 2(47) quoted above. but the aforesaid definition was made before section 50c was introduced to the income tax act. after section 50c was introduced in the year 2003, the value of the land or building or both sold or otherwise transferred has to be ..... . mr.bharatdwaj, learned advocate for the appellant submitted that the word transfer in relation to capital assets has been defined in section 2(47) of the income tax act which provides as follows : transfer, in relation to a capital asset, includes,(i) the sale, exchange or relinquishment of the asset; or (ii) the ..... case, the learned tribunal was justified in law in not considering that the words or assessable . was introduced in section 50c(1) of the income tax act, 1961 with effect from 1st october, 2009 and thus erred in taking the value of the capital asset as assessed by the stamp valuation authority on ..... executed in the financial year 2006-07 and the registration took place in the financial year 2007-08. the question arose whether section 50c of the income tax act is applicable to the transaction. it shall be convenient to set out section 50c, which prior to its amendment on 1st october, 2009, was .....

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Sep 27 2013 (HC)

Commissioner of Income Tax, West Bengaliii, Kolkata Vs. M/S Lynx Machi ...

Court : Kolkata

Decided on : Sep-27-2013

..... : briefly stated, the facts and circumstances of the case are as follows: on 27th february, 1987 the assessment order under section 143(3) of the income tax act, 1961 for the assessment year 1984-85 was passed without allowing set off of carried forward business loss and unabsorbed depreciation. aggrieved by the order, the assessee ..... order sheet ita no.239 of 1999 in the high court at calcutta special jurisdiction (income tax) original side commissioner of income tax, west bengal-iii, kolkata versus m/s lynx machinery ltd before: the hon'ble justice girish chandra gupta the hon'ble justice tarun kumar ..... the assessee pursuant to the order of cit (appeal) the tribunal has precisely held that. we are, in the circumstances, of the opinion that this appeal is without any merit and does not present ..... any appeal was preferred against the order dated 1st november, 1988 nor was the order dated 12th december, 1988 revised. therefore, the order passed by the cit (appeal) on 1st november, 1988 became final and has also been carried out. the revenue, in the circumstances, is precluded from challenging the benefit received by ..... any question of law. the appeal is dismissed. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (girish chandra gupta, j.) (tarun kumar das, j.) km ar(cr) .....

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Dec 02 2013 (HC)

Uco Bank Vs. Commissioner of Income Tax, West Bengaliii, Kolkata

Court : Kolkata

Decided on : Dec-02-2013

..... commencing on the first day of april, 1985 and ending with the 30 day of september, 1991, shall not be taken into account. in case of assessment of tax under the income tax act, no tax was levied on sticky loans on accrual basis. this was clarified by a circular of the board dated 6th october 1952, which was rescinded in view of the judgment ..... or arising to the credit institution in that previous year: provided that any interest in relation to categories of bad or doubtful debts referred to in section 43d of the income tax act shall be deemed to accrue or arise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account ..... such, the circular would be binding on the department. . as held by the supreme court in uco bank (supra), under section 145 of the income tax act, income chargeable under the head profit and gains of business or profession or income from other sources shall be computed in accordance with the method of accounting regularly employed by the assessee, provided that in a case where ..... on :04. 07.2013, 18.07.2013, 01.08.2013 judgment on :02. 12.2013 indira banerjee, j.: this appeal under section 21 of the interest act 1974 read with section 260 a of the income tax act 1961 has been filed by the assessee bank in relation to the assessment years 1975-1976 to 1986-1987 except for the assessment year 1980-1981 .....

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Oct 09 2013 (HC)

Kabari Pvt. Ltd. Vs. Shrimati Ila Basu and ors.

Court : Kolkata

Decided on : Oct-09-2013

..... to make an application under the urban land ceiling act. a feeble attempt was made by the defendant that steps were taken under section 230a of the income tax act, 1961. this contention is also erroneous as a certificate under the said act is to be obtained from the assessing officer to ..... suit property pursuant to the agreement for sale dated 21st september, 1978 (exhibit14) had been rejected so there was no question of applying for income-tax clearance certificate (exhibit 19). the original defendant no.9 did not accept tender purporting to refund the earnest money of rs.20,001/- paid ..... instead sell the same at a lower price. (b) each purported conveyance was valued below rs.50,000/- obviating the necessity of obtaining income-tax clearance by the vendors named therein and that is why even though all the 4 purported conveyances were executed by the same person, allegedly pursuant ..... the matter of sale of immoveable property situated in kolkata were that (a) person receiving consideration of rs.50,000/- or more had to obtain income-tax clearance. (b) the property to be sold required clearance from the urban land ceiling authority. (xii) it will appear from the purported conveyances (exhibits ..... (j) on 23rd april, 1981 on behalf of the original defendant no.9 income-tax clearance of the vendors was sought. (k) though on 2nd november, 1980 section 27(2) of the urban land (ceiling and regulation) act, 1976 regarding obtaining permission in the matter of sale of urban property was struck .....

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Oct 09 2013 (HC)

The Bengal Chamber of Commerce and Industry Vs. Dy. Director of Income ...

Court : Kolkata

Decided on : Oct-09-2013

..... petitioner is claiming itself to be a non-profitable organization and was availing the benefit of exemption under section 11 of the income tax act 1961 until the order passed by the assessing authority for the assessment year 2010-11. according to the petitioner the provisions under section 12a as it stood at the relevant ..... order sheet w.p.no.1051 of 2013 in the high court at calcutta constitutional writ jurisdiction original side the bengal chamber of commerce & industry versus dy. director of income tax (exemption) i kolkata & ors.before: the hon'ble justice harish tandon date: 9th october, 2013 appearance : mr.j.p. khaitan, sr.adv.mr.prabir kr. bhowmick, adv.the court : the ..... 12a without passing an order canceling such registration which is otherwise valid under the un-amended provisions of section 12a of the said act. admittedly the assessing authority passed an order of assessment and the matter is carried out before the cit appeals. amidst the pendency of an appeal, the petitioner had filed an application under section 220 (6) of the said ..... act and upon dismissal thereof, the order is assailed in this writ petition. although this court finds that the authorities who have recorded the reasons .....

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Dec 24 2013 (HC)

Sumermal JaIn and Another Vs. the Deputy Commissioner of Income Tax, C ...

Court : Kolkata

Decided on : Dec-24-2013

..... , the petitioners seek appropriate writs of mandamus, prohibition and certiorari to arrest the effect of what the petitioners perceive to be an illegal process initiated under section 132 of the income tax act, 1961. ordinarily, the filing of the petition itself would have served the purpose for which the petitioners carried it to court; for the challenge to the propriety of the ..... a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922).or under sub-section (1) of section 131 of this act, or a notice under subsection (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books ..... , bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922).or this act (hereinafter in this section referred to as the undisclosed income or property).then,(a) the director general or director or the chief commissioner or ..... the challenge to the subsequent notices may entail multiplicity of proceedings; and, thus, such aspect of the matter is also dealt with. section 132 of the act permits certain high officers of the income tax department to authorise certain specified classes of officers to conduct search and seizure operations as indicated in the section, upon the high officer, in consequence of information .....

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